BNS Section 101 – Murder | Lexolive

⚖ BNS: BNS

Act No. 45 of 2023 · Replaces IPC 1860 · In force: 1 July 2024
Lexolive Bare Acts BNS Section 101

BNS Section 101 – Murder

Chapter 6: Offences Affecting the Human Body  ·  BNS

BNS Section 101 IPC S.300
IPC Reference IPC S.300
Culpable homicide is murder if the act by which the death is caused is done—
(a) with the intention of causing death; or
(b) with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or
(c) with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or
(d) with the knowledge that the act is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury.

Exception 1: Culpable homicide is not murder if the offender whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

Exception 2: Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

Exception 3: Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

Exception 4: Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.

Exception 5: Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.
ℹ️ Classification & Key Notes

The 4 clauses of murder + 5 exceptions are the most tested area of criminal law. Key cases: K.M. Nanavati v. State of Maharashtra (1962), Bachan Singh v. State of Punjab (1980).

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